Affiliate marketing has become increasingly common on e-commerce platforms, giving rise to contractual relationships with distinctive legal characteristics. However, the legal nature of affiliate marketing contracts has not yet been consistently identified, owing to the intersection of civil, commercial, service related and electronic transaction elements. This article examines the legal characteristics of affiliate marketing contracts and clarifies their relationship with service contracts, commercial contracts and electronic contracts. On that basis, the article identifies the hybrid nature of affiliate marketing contracts and highlights several issues concerning the determination of applicable law and the rights, obligations and liabilities of the parties, and it proposes directions for improving the relevant legal framework in line with the practical development of e commerce in Vietnam.